Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This action is responsive to the application 19/022,456 filed on January 15, 2025. Claims 1-10 are pending.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 8 is/are rejected under 35 U.S.C. §101 because the claimed invention is directed to non-statutory subject matter.
A "control equipment” claim(s) 8 is/are not to a process, machine, manufacture or composition of matter. The claimed element’s “a first acquisition unit”, and “a first transmission unit” are non-structure limitations. Thus, applying the broadest reasonable interpretation in light of the Specification and taking into account the meaning of the words in their original usage as they would be understood by one of ordinary skill in the art (MPEP §2111.01), a machine must comprise (at least one) structure element/limitation that showing it is a tangible embodiment, providing evidence that the abstract idea has been applied (a practical application) and that it would not cover all substantial practical uses of the abstract idea (see MPEP §2106 II.(A)). Therefore, the claimed subject matter as a whole fails to fall within the definition of a machine/manufacturer or composition of matter patentable eligible category subject matter.
As such, the claim(s) 8 is/are not limited to statutory subject matter and is therefore nonstatutory. See MPEP 2106 section V.DETERMINE WHETHER THE CLAIMED INVENTION COMPLIES WITH 35 U.S.C. §101 under subsection 1. Nonstatutory subject matter.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "wherein the first response message is a message generated by at least another one of the plurality of the second reference devices without being activated or bound after receiving the first control message…". There is insufficient antecedent basis for the limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Son et al. (US 2005/0188050) hereinafter “Son”.
Claim 1
Son teaches a control method comprising:
obtaining target information and target network connection information for activation and binding in response to detecting a device that currently needs to be activated and bound [i.e. obtaining a list of currently appliances using the information appliance list that comprises middleware types supported by the respective appliances, interface types and status information (e.g. connection status information) of the respective appliances; and the information appliances that are determined to be activated bound] (Son, 0019, 0023-0025, 0027); and
sending the target information and the target network connection information to the device that currently needs to be activated and bound [i.e. sending the information appliances list to the user desires to select the appliances that are to be activated and bound] (Son, 0023-0024, 0027);
wherein the target network connection information is configured to enable the device that currently needs to be activated and bound to access a target communication network corresponding to the target network connection information, and the target information is configured to enable the device that currently needs to be activated and bound to implement activation and binding operation at a service device by the target communication network [i.e. the information appliances connects and access a home network 102 via the control middleware 103 exist; and the appliances information and status are used to enable the information appliances that selected to be activated and bound together at the home server] (Son, 0017, 0021, 0027-0031).
Claim 2
Son teaches the method according to claim 1, wherein before the obtaining the target information and the target network connection information for activation and binding in response to the detecting the device that currently needs to be activated and bound, the method further comprises:
sending a first control message for indicating a target form for implementing the activation and binding operation by a preset communication form [i.e. sending a request by selection of the information appliances that are displayed on the screen display in a form of icons; and for implementing the activation and binding operation that corresponding information appliances] (Son, 0021, 0024-0025, 0027-0028); and
in response to receiving a first response message, determining the device that currently needs to be activated and bound to be at least one of a plurality of first reference devices [i.e. determining the information appliances that are need to be activated and bound to be at least one of a plurality of middleware-support interfaces] (Son, 0021, 0029-0031);
wherein the first response message is a message generated by at least another one of the plurality of the second reference devices without being activated or bound after receiving the first control message [i.e. the home server offers a service for the selected information appliance if the user selects a single information appliance, and the screen showing the status and command buttons] (Son, 0031-0032).
Claim 3
Son teaches the method according to claim 2, wherein before the sending the first control message for indicating the target form for implementing the activation and binding operation by the preset communication form, the method further comprises:
obtaining at least one identity information by obtaining identity information of at least one second reference device [i.e. obtaining appliance identifications (IDs) that registered/included in the information appliance list] (Son, claim 5, 0021, 0023-0025), and
detecting a reference position relationship between a control device and each second reference device corresponding to the identity information [i.e. determining the information appliances selected by the user support same respective control middlewares] (Son, 0021, 0029-0031);
wherein the sending the first control message for indicating the target form for implementing the activation and binding operation by the preset communication form comprises: in response to the reference position relationship being a preset position relationship, sending the first control message by the preset communication form [i.e. sending the request by selection for indicating the information appliances that are displayed on the screen display in the form of icons; and for implementing the activation and binding operation that corresponding information appliances] (Son, 0021, 0024-0025, 0027-0028).
Claim 5
Son teaches the method according to claim 2, wherein the preset communication form is a one-to-many communication form [i.e. the selection is a one-to-many in the form of many icons] (Son, 0021, 0024-0025).
Claim 6
Son teaches the method according to claim 2, wherein the target form is a form corresponding to a near field communication mode [i.e. the home network is classified according to control middleware that can be classified into a control communication network, CEBus, HAVi, IEEE 1394, etc.] (Son, 0017).
Claim 8 does not teach or define any new limitation other than above claim 1. Therefore, claim 8 is rejected for similar reasons.
Claim 9
Son teaches a control device comprising: a memory, at least one processor and a communication bus; wherein the memory is configured for storing an executable instruction; wherein the communication bus is configured for implementing a communication connection between the at least one processor and the memory [i.e. in order to control such appliances using PC or notebook connected to the Internet or located in the home network. Thus, a memory, a processor and a communication bus are inherently comprised in the PC or notebook] (Son, 0017); and wherein the at least one processor is configured, upon executing the executable instruction stored in the memory, to implement the control method according to claim 1.
Claim 10
Son teaches a non-transitory computer-readable storage medium, wherein a control program is stored on the storage medium [i.e. in order to control such appliances using PC or notebook connected to the Internet or located in the home network. Thus, a computer-readable storage medium is inherently comprised in the PC or notebook] (Son, 0017), and the control method according to claim 1 is implemented when the control program is executed by at least one processor.
Allowable Subject Matter
Claims 4, 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure (see PTO-892).
US 2020/0314921 issued to Marcelli et al., teaches managing a home gateway with mobile connectivity to a WAN, wherein a management server activates the home gateway only if its current position matches a location to which use of the home gateway shall be bound as selected by the user.
US 2006/0036552 issued to Gunyakti et al., teaches an activation bypass message is generated and sent; and a binding service message contains a count of the machine identifiers in the list; and once the count reaches a predetermined threshold, software activation bypass may occur.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH CHAU N NGUYEN whose telephone number is (571)272-4242. The examiner can normally be reached on M-F 8am-4pm.
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/MINH CHAU NGUYEN/Primary Examiner, Art Unit 2459
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